By: Ellis, et al. S.B. No. 7
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the period during which a person arrested is required
1-3 to be taken before a magistrate and to the appointment and
1-4 compensation of counsel to represent indigent persons accused of
1-5 crime.
1-6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-7 SECTION 1. This Act may be known as the Texas Fair Defense
1-8 Act.
1-9 SECTION 2. Article 1.051, Code of Criminal Procedure, is
1-10 amended by amending Subsection (c) and adding Subsections (i) and
1-11 (j) to read as follows:
1-12 (c) An indigent defendant is entitled to have an attorney
1-13 appointed to represent him in any adversary judicial proceeding
1-14 that may result in punishment by confinement and in any other
1-15 criminal proceeding if the court concludes that the interests of
1-16 justice require representation. Except as otherwise provided by
1-17 this subsection, if [If] an indigent defendant is entitled to and
1-18 requests appointed counsel, a [the] court or the courts' designee
1-19 authorized under Article 26.04 to appoint counsel for indigent
1-20 defendants in the county shall appoint counsel [to represent the
1-21 defendant] as soon as possible, but not later than the end of the
1-22 third working day after the date on which the court or the courts'
1-23 designee receives the defendant's request for appointment of
1-24 counsel. In a county with a population of 250,000 or more, the
1-25 court or the courts' designee shall appoint counsel as required by
2-1 this subsection as soon as possible, but not later than the end of
2-2 the first working day after the date on which the court or the
2-3 courts' designee receives the defendant's request for appointment
2-4 of counsel.
2-5 (i) A court or the courts' designee shall appoint counsel
2-6 for an indigent defendant as required by Subsection (c) regardless
2-7 of whether charges have been filed against the defendant.
2-8 (j) A court or the courts' designee may without unnecessary
2-9 delay appoint new counsel to represent an indigent defendant for
2-10 whom counsel is appointed under Subsection (c) if:
2-11 (1) the defendant is subsequently charged in the case
2-12 with an offense different from the offense with which the defendant
2-13 was initially charged; and
2-14 (2) legal cause to appoint new counsel is stated on
2-15 the record as required by Article 26.04(j)(2).
2-16 SECTION 3. Subsection (a), Article 14.06, Code of Criminal
2-17 Procedure, is amended to read as follows:
2-18 (a) Except as provided by Subsection (b), in each case
2-19 enumerated in this Code, the person making the arrest or the person
2-20 having custody of the person arrested shall take the person
2-21 arrested or have him taken without unnecessary delay, but not later
2-22 than 48 hours after the person is arrested, before the magistrate
2-23 who may have ordered the arrest, before some magistrate of the
2-24 county where the arrest was made without an order, or, if necessary
2-25 to provide more expeditiously to the person arrested the warnings
2-26 described by Article 15.17 of this Code, before a magistrate in a
3-1 county bordering the county in which the arrest was made. The
3-2 magistrate shall immediately perform the duties described in
3-3 Article 15.17 of this Code.
3-4 SECTION 4. Article 15.17, Code of Criminal Procedure, is
3-5 amended by amending Subsection (a) and adding Subsections (e) and
3-6 (f) to read as follows:
3-7 (a) In each case enumerated in this Code, the person making
3-8 the arrest or the person having custody of the person arrested
3-9 shall without unnecessary delay, but not later than 48 hours after
3-10 the person is arrested, take the person arrested or have him taken
3-11 before some magistrate of the county where the accused was arrested
3-12 or, if necessary to provide more expeditiously to the person
3-13 arrested the warnings described by this article, before a
3-14 magistrate in a county bordering the county in which the arrest was
3-15 made. The arrested person may be taken before the magistrate in
3-16 person or the image of the arrested person may be broadcast by
3-17 closed circuit television to the magistrate. The magistrate shall
3-18 inform in clear language the person arrested, either in person or
3-19 by closed circuit television, of the accusation against him and of
3-20 any affidavit filed therewith, of his right to retain counsel, of
3-21 his right to remain silent, of his right to have an attorney
3-22 present during any interview with peace officers or attorneys
3-23 representing the state, of his right to terminate the interview at
3-24 any time, [of his right to request the appointment of counsel if he
3-25 is indigent and cannot afford counsel,] and of his right to have an
3-26 examining trial. The magistrate shall also inform the person
4-1 arrested of the person's right to request the appointment of
4-2 counsel if the person cannot afford counsel. The magistrate shall
4-3 inform the person arrested of the procedures for requesting
4-4 appointment of counsel in a manner understood by the person and
4-5 shall cause to be provided to the person at the same time
4-6 reasonable assistance in completing the necessary forms for
4-7 requesting appointment of counsel. If the person arrested is
4-8 indigent and requests appointment of counsel and if the magistrate
4-9 is authorized under Article 26.04 to appoint counsel for indigent
4-10 defendants in the county, the magistrate shall appoint counsel in
4-11 accordance with Article 1.051, regardless of whether charges have
4-12 been filed against the person. If the magistrate is not authorized
4-13 to appoint counsel, the magistrate shall without unnecessary delay,
4-14 but not later than 24 hours after the person arrested requests
4-15 appointment of counsel, transmit or cause to be transmitted to the
4-16 court or to the courts' designee authorized under Article 26.04 to
4-17 appoint counsel in the county the forms requesting the appointment
4-18 of counsel. The magistrate [He] shall also inform the person
4-19 arrested that he is not required to make a statement and that any
4-20 statement made by him may be used against him. The magistrate
4-21 shall allow the person arrested reasonable time and opportunity to
4-22 consult counsel and shall admit the person arrested to bail if
4-23 allowed by law. A closed circuit television system may not be used
4-24 under this subsection unless the system provides for a two-way
4-25 communication of image and sound between the arrested person and
4-26 the magistrate. A recording of the communication between the
5-1 arrested person and the magistrate shall be made. The recording
5-2 shall be preserved until the earlier of the following dates: (1)
5-3 the date on which the pretrial hearing ends; or (2) the 91st day
5-4 after the date on which the recording is made if the person is
5-5 charged with a misdemeanor or the 120th day after the date on which
5-6 the recording is made if the person is charged with a felony. The
5-7 counsel for the defendant may obtain a copy of the recording on
5-8 payment of a reasonable amount to cover costs of reproduction.
5-9 (e) In each case in which a person arrested is taken before
5-10 a magistrate as required by Subsection (a), a record shall be made
5-11 of:
5-12 (1) the magistrate informing the person of the
5-13 person's right to request appointment of counsel;
5-14 (2) the magistrate asking the person whether the
5-15 person wants to request appointment of counsel; and
5-16 (3) whether the person requested appointment of
5-17 counsel.
5-18 (f) A record required under Subsection (e) may consist of
5-19 written forms or other documentation as authorized by procedures
5-20 adopted in the county under Article 26.04(a).
5-21 SECTION 5. Article 26.04, Code of Criminal Procedure, is
5-22 amended to read as follows:
5-23 Art. 26.04. PROCEDURES FOR APPOINTING [COURT SHALL APPOINT]
5-24 COUNSEL. (a) The judges of the county courts, statutory county
5-25 courts, and district courts trying criminal cases in each county,
5-26 by local rule, shall adopt and publish written countywide
6-1 procedures for timely and fairly appointing counsel for an indigent
6-2 defendant in the county arrested for or charged with a misdemeanor
6-3 punishable by confinement or a felony. The procedures must be
6-4 consistent with this article and Articles 1.051, 15.17, 26.05, and
6-5 26.052. Except as provided by Subsections (f), (g), (h), and (i),
6-6 a court shall appoint an attorney from a public appointment list
6-7 using a system of rotation. The court shall appoint attorneys from
6-8 among the next five names on the appointment list in the order in
6-9 which the attorneys' names appear on the list, unless the court
6-10 makes a finding of good cause on the record for appointing an
6-11 attorney out of order. An attorney who is not appointed in the
6-12 order in which the attorney's name appears on the list shall remain
6-13 next in order on the list.
6-14 (b) Procedures adopted under Subsection (a) shall:
6-15 (1) authorize only the judges of the county courts,
6-16 statutory county courts, and district courts trying criminal cases
6-17 in the county, or the judges' designee, to appoint counsel for
6-18 indigent defendants in the county;
6-19 (2) apply to each appointment of counsel made by a
6-20 judge or the judges' designee in the county;
6-21 (3) ensure that each indigent defendant in the county
6-22 who is charged with a misdemeanor punishable by confinement or with
6-23 a felony and who appears in court without counsel has an
6-24 opportunity to confer with appointed counsel before any
6-25 communication occurs between the defendant and the prosecutor,
6-26 unless the defendant executes an informed waiver of counsel in open
7-1 court and the waiver is evidenced in writing; and
7-2 (4) require appointments for defendants in capital
7-3 cases in which the death penalty is sought to comply with the
7-4 requirements under Article 26.052.
7-5 (c) Whenever a [the] court or the courts' designee
7-6 authorized under Subsection (b) to appoint counsel for indigent
7-7 defendants in the county determines that a defendant accused of
7-8 [charged with] a felony or a misdemeanor punishable by confinement
7-9 [imprisonment] is indigent or that the interests of justice require
7-10 representation of a defendant in a criminal proceeding, the court
7-11 or the courts' designee shall appoint one or more practicing
7-12 attorneys to defend the defendant in accordance with the procedures
7-13 adopted under Subsection (a), regardless of whether charges have
7-14 been filed against the defendant [him].
7-15 (d) A public appointment list from which an attorney is
7-16 appointed as required by Subsection (a) shall contain the names of
7-17 qualified attorneys, each of whom:
7-18 (1) applies to be included on the list;
7-19 (2) meets the objective qualifications specified by
7-20 the judges under Subsection (e); and
7-21 (3) is approved by a majority of the judges who
7-22 established the appointment list under Subsection (e).
7-23 (e) In a county in which a court is required under
7-24 Subsection (a) to appoint an attorney from a public appointment
7-25 list:
7-26 (1) the judges of the county courts and statutory
8-1 county courts trying misdemeanor cases in the county, by formal
8-2 action:
8-3 (A) shall:
8-4 (i) establish a public appointment list of
8-5 attorneys qualified to provide representation in the county in
8-6 misdemeanor cases punishable by confinement; and
8-7 (ii) specify the objective qualifications
8-8 necessary for an attorney to be included on the list; and
8-9 (B) may establish, if determined by the judges
8-10 to be appropriate, more than one appointment list graduated
8-11 according to the degree of seriousness of the offense and the
8-12 attorneys' qualifications; and
8-13 (2) the judges of the district courts trying felony
8-14 cases in the county, by formal action:
8-15 (A) shall:
8-16 (i) establish a public appointment list of
8-17 attorneys qualified to provide representation in felony cases in
8-18 the county; and
8-19 (ii) specify the objective qualifications
8-20 necessary for an attorney to be included on the list; and
8-21 (B) may establish, if determined by the judges
8-22 to be appropriate, more than one appointment list graduated
8-23 according to the degree of seriousness of the offense and the
8-24 attorneys' qualifications.
8-25 (f) In a county in which a public defender is appointed
8-26 under Article 26.044, the court or the courts' designee may appoint
9-1 the public defender to represent the defendant in accordance with
9-2 guidelines established for the public defender.
9-3 (g) A county-wide alternative program for appointing counsel
9-4 for indigent defendants in criminal cases is established by a
9-5 formal action in which two-thirds of the judges of the courts
9-6 designated under this subsection and trying criminal cases in a
9-7 county vote to establish the alternative program. An alternative
9-8 program for appointing counsel in misdemeanor and felony cases may
9-9 be established in the manner provided by this subsection by the
9-10 judges of the county courts, statutory county courts, and district
9-11 courts. An alternative program for appointing counsel in
9-12 misdemeanor cases may be established in the manner provided by this
9-13 subsection by the judges of the county courts and statutory county
9-14 courts. An alternative program for appointing counsel in felony
9-15 cases may be established in the manner provided by this subsection
9-16 by the judges of the district courts. In a county in which an
9-17 alternative program is established:
9-18 (1) the alternative program may:
9-19 (A) use a single method for appointing counsel
9-20 or a combination of methods; and
9-21 (B) use a multicounty appointment list using a
9-22 system of rotation; and
9-23 (2) the procedures adopted under Subsection (a) must
9-24 ensure that:
9-25 (A) attorneys appointed using the alternative
9-26 program to represent defendants in misdemeanor cases punishable by
10-1 confinement:
10-2 (i) meet specified objective
10-3 qualifications, which may be graduated according to the degree of
10-4 seriousness of the offense, for providing representation in
10-5 misdemeanor cases punishable by confinement; and
10-6 (ii) are approved by a majority of the
10-7 judges of the county courts and statutory county courts trying
10-8 misdemeanor cases in the county;
10-9 (B) attorneys appointed using the alternative
10-10 program to represent defendants in felony cases:
10-11 (i) meet specified objective
10-12 qualifications, which may be graduated according to the degree of
10-13 seriousness of the offense, for providing representation in felony
10-14 cases; and
10-15 (ii) are approved by a majority of the
10-16 judges of the district courts trying felony cases in the county;
10-17 (C) appointments for defendants in capital cases
10-18 in which the death penalty is sought comply with the requirements
10-19 of Article 26.052; and
10-20 (D) appointments are reasonably and impartially
10-21 allocated among qualified attorneys.
10-22 (h) In a county in which an alternative program for
10-23 appointing counsel is established as provided by Subsection (g) and
10-24 is approved by the presiding judge of the administrative judicial
10-25 region, a court or the courts' designee may appoint an attorney to
10-26 represent an indigent defendant by using the alternative program.
11-1 In establishing an alternative program under Subsection (g), the
11-2 judges of the courts establishing the program may not, without the
11-3 approval of the commissioners court, obligate the county by
11-4 contract or by the creation of new positions or the creation or
11-5 adoption of new programs that cause an increase in expenditure of
11-6 county funds.
11-7 (i) A court or the courts' designee required under
11-8 Subsection (c) to appoint an attorney to represent a defendant
11-9 accused of a felony may appoint an attorney from any county located
11-10 in the court's administrative judicial region.
11-11 (j) An attorney appointed under this article [subsection]
11-12 shall:
11-13 (1) make every reasonable effort to contact the
11-14 defendant not later than 24 hours after the attorney is appointed
11-15 and to interview the defendant as soon as practicable after the
11-16 attorney is appointed; and
11-17 (2) represent the defendant until charges are
11-18 dismissed, the defendant is acquitted, appeals are exhausted, or
11-19 the attorney is relieved of his duties by the court or replaced by
11-20 other counsel for legal cause stated on the record.
11-21 (k) A court may replace an attorney who violates Subsection
11-22 (j)(1) with other counsel. A majority of the judges of the county
11-23 courts and statutory county courts or the district courts, as
11-24 appropriate, trying criminal cases in the county may remove from
11-25 consideration for appointment an attorney who intentionally or
11-26 repeatedly violates Subsection (j)(1).
12-1 (l) Procedures adopted under Subsection (a) must include
12-2 procedures and financial standards for determining whether a
12-3 defendant is indigent. The procedures and standards shall apply to
12-4 each defendant in the county equally, regardless of whether the
12-5 defendant is in custody or has been released on bail.
12-6 (m) [(b)] In determining whether a defendant is indigent,
12-7 the court or the courts' designee may [shall] consider [such
12-8 factors as] the defendant's income, source of income, assets,
12-9 property owned, outstanding obligations, necessary expenses, the
12-10 number and ages of dependents, and spousal income that is available
12-11 to the defendant[, and whether the defendant has posted or is
12-12 capable of posting bail]. The court or the courts' designee may
12-13 not consider whether [deny appointed counsel to a defendant solely
12-14 because] the defendant has posted or is capable of posting bail,
12-15 except to the extent that it reflects the defendant's financial
12-16 circumstances as measured by the considerations listed in this
12-17 subsection.
12-18 (n) [(c)] A defendant who requests a determination of
12-19 indigency and appointment of counsel shall:
12-20 (1) complete under oath a questionnaire concerning his
12-21 financial resources;
12-22 (2) respond under oath to an examination regarding his
12-23 financial resources by the judge or magistrate responsible for
12-24 determining whether the defendant is indigent; or
12-25 (3) complete the questionnaire and respond to
12-26 examination by the judge or magistrate.
13-1 (o) [(d)] Before making a determination of whether a
13-2 defendant is indigent, the court shall request the defendant to
13-3 sign under oath a statement substantially in the following form:
13-4 "On this ________ day of ____________, 20 [19]___, I have
13-5 been advised by the (name of the court) Court of my right to
13-6 representation by counsel in the trial of the charge pending
13-7 against me. I certify that I am without means to employ
13-8 counsel of my own choosing and I hereby request the court to
13-9 appoint counsel for me. (signature of the defendant)"
13-10 (p) A defendant who is determined by the court to be
13-11 indigent is presumed to remain indigent for the remainder of the
13-12 proceedings in the case unless a material change in the defendant's
13-13 financial circumstances occurs. [(e)] If there is a material
13-14 change in financial circumstances after a determination of
13-15 indigency or nonindigency is made, the defendant, the defendant's
13-16 counsel, or the attorney representing the state may move for
13-17 reconsideration of the determination.
13-18 (q) [(f)] A written or oral statement elicited under this
13-19 article or evidence derived from the statement may not be used for
13-20 any purpose, except to determine the defendant's indigency or to
13-21 impeach the direct testimony of the defendant. This subsection
13-22 does not prohibit prosecution of the defendant under Chapter 37,
13-23 Penal Code.
13-24 SECTION 6. Article 26.044, Code of Criminal Procedure, is
13-25 amended to read as follows:
13-26 Art. 26.044. PUBLIC DEFENDER [IN COUNTY WITH FOUR COUNTY
14-1 COURTS AND FOUR DISTRICT COURTS]. (a) In this chapter, "public
14-2 defender" means a governmental entity or nonprofit corporation:
14-3 (1) operating under a written agreement with a
14-4 governmental entity, other than an individual judge or court;
14-5 (2) using public funds; and
14-6 (3) providing legal representation and services to
14-7 indigent defendants accused of a crime or juvenile offense, as
14-8 those terms are defined by Section 71.001, Government Code.
14-9 (b) The commissioners court of any county, on written
14-10 approval of a judge of a county court, statutory county court, or
14-11 district court trying criminal cases in the county, [having four
14-12 county courts and four district courts] may appoint a governmental
14-13 entity or nonprofit corporation [one or more attorneys] to serve as
14-14 a public defender. The commissioners courts of two or more
14-15 counties may enter into a written agreement to jointly appoint and
14-16 fund a regional [A] public defender [serves at the pleasure of the
14-17 commissioners court]. In appointing a public defender under this
14-18 subsection, the commissioners court shall specify or the
14-19 commissioners courts shall jointly specify, if appointing a
14-20 regional public defender:
14-21 (1) the duties of the public defender; and
14-22 (2) the types of cases to which the public defender
14-23 may be appointed under Article 26.04(f) and the courts in which the
14-24 public defender may be required to appear.
14-25 (c) Before appointing a public defender under Subsection
14-26 (b), the commissioners court or commissioners courts shall solicit
15-1 proposals for the public defender. A proposal must include:
15-2 (1) a budget for the public defender, including
15-3 salaries;
15-4 (2) a description of each personnel position,
15-5 including the chief public defender position;
15-6 (3) the maximum allowable caseloads for each attorney
15-7 employed by the proponent;
15-8 (4) provisions for personnel training;
15-9 (5) a description of anticipated overhead costs for
15-10 the public defender; and
15-11 (6) policies regarding the use of licensed
15-12 investigators and expert witnesses by the proponent.
15-13 (d) After considering each proposal for the public defender
15-14 submitted by a governmental entity or nonprofit corporation, the
15-15 commissioners court or commissioners courts shall select a proposal
15-16 that reasonably demonstrates that the proponent will provide
15-17 adequate quality representation for indigent defendants in the
15-18 county or counties.
15-19 (e) The total cost of the proposal may not be the sole
15-20 consideration in selecting a proposal.
15-21 (f) [(b)] To be eligible for appointment as a public
15-22 defender, the governmental entity or nonprofit corporation [a
15-23 person] must be directed by a chief public defender who:
15-24 (1) is [be] a member of the State Bar of Texas;
15-25 (2) has [have] practiced law for at least three years
15-26 [one year]; and
16-1 (3) has substantial [have] experience in the practice
16-2 of criminal law.
16-3 (g) A [(c) The] public defender is entitled to receive
16-4 funds for personnel costs and expenses incurred in operating as a
16-5 public defender in amounts [an annual salary in an amount] fixed
16-6 by the commissioners court and paid out of the appropriate county
16-7 fund, or jointly fixed by the commissioners courts and
16-8 proportionately paid out of each appropriate county fund if the
16-9 public defender serves more than one county.
16-10 (h) A public defender may employ attorneys, licensed
16-11 investigators, and other personnel necessary to perform the duties
16-12 of the public defender as specified by the commissioners court or
16-13 commissioners courts under Subsection (b)(1).
16-14 (i) [(d)] Except as authorized by this article, the chief
16-15 [a] public defender or an attorney employed by a public defender
16-16 may not:
16-17 (1) engage in the private practice of criminal law; or
16-18 (2) accept anything of value not authorized by this
16-19 article for services rendered under this article.
16-20 (j) A public defender serves at the pleasure of the
16-21 commissioners court or commissioners courts.
16-22 (k) A public defender may refuse an appointment under
16-23 Article 26.04(f) if:
16-24 (1) a conflict of interest exists;
16-25 (2) the public defender has insufficient resources to
16-26 provide adequate representation for the defendant;
17-1 (3) the public defender is incapable of providing
17-2 representation for the defendant in accordance with the rules of
17-3 professional conduct; or
17-4 (4) the public defender shows other good cause for
17-5 refusing the appointment.
17-6 (l) [(e) The judge may remove a public defender who violates
17-7 a provision of Subsection (d) of this article.]
17-8 [(f) A public defender or an attorney appointed by a court
17-9 of competent jurisdiction shall represent each indigent person who
17-10 is charged with a criminal offense in a county having at least four
17-11 county courts and at least four district courts and each indigent
17-12 minor who is a party to a juvenile delinquency proceeding in the
17-13 county.]
17-14 [(g)] A public defender may investigate the financial
17-15 condition of any person the public defender is appointed to
17-16 represent. The defender shall report the results of the
17-17 investigation to the appointing judge. The judge may hold a
17-18 hearing to determine if the person is indigent and entitled to
17-19 representation under this article.
17-20 [(h) If an attorney other than a public defender is
17-21 appointed, the attorney is entitled to the compensation provided by
17-22 Article 26.05 of this code.]
17-23 [(i) At any stage of the proceeding, including appeal or
17-24 other postconviction proceedings, the judge may appoint another
17-25 attorney to represent the person. The substitute attorney is
17-26 entitled to the compensation provided by Article 26.05 of this
18-1 code.]
18-2 [(j) Except for the provisions relating to daily appearance
18-3 fees, Article 26.05 of this code applies to a public defender
18-4 appointed under this article.]
18-5 SECTION 7. Article 26.05, Code of Criminal Procedure, is
18-6 amended to read as follows:
18-7 Art. 26.05. COMPENSATION OF COUNSEL APPOINTED TO DEFEND.
18-8 (a) A counsel, other than an attorney with a public defender
18-9 [defender's office], appointed to represent a defendant in a
18-10 criminal proceeding, including a habeas corpus hearing, shall be
18-11 [reimbursed for reasonable expenses incurred with prior court
18-12 approval for purposes of investigation and expert testimony and
18-13 shall be] paid a reasonable attorney's fee for performing the
18-14 following services, based on the time and labor required, the
18-15 complexity of the case, and the experience and ability of the
18-16 appointed counsel:
18-17 (1) time spent in court making an appearance on behalf
18-18 of the defendant as evidenced by a docket entry, time spent in
18-19 trial, and [or] time spent in a proceeding in which sworn oral
18-20 testimony is elicited;
18-21 (2) reasonable and necessary time spent out of court
18-22 on the case, supported by any documentation that the court
18-23 requires; [and]
18-24 (3) preparation of an appellate brief and preparation
18-25 and presentation of oral argument to a court of appeals or the
18-26 Court of Criminal Appeals; and
19-1 (4) preparation of a motion for rehearing.
19-2 (b) All payments made under this article shall be paid in
19-3 accordance with a schedule of fees adopted by formal action of the
19-4 judges of the county courts, statutory county courts, and district
19-5 courts trying criminal cases in [county and district criminal court
19-6 judges within] each county[, except that in a county with only one
19-7 judge with criminal jurisdiction the schedule will be adopted by
19-8 the administrative judge for that judicial district].
19-9 (c) Each fee schedule adopted shall state reasonable [will
19-10 include a] fixed rates or [rate,] minimum and maximum hourly rates,
19-11 taking into consideration overhead costs and customary rates
19-12 charged for similar legal services in the community, [and daily
19-13 rates] and shall [will] provide a form for the appointed counsel to
19-14 itemize [reporting] the types of services performed [in each one].
19-15 No payment shall be made under this article [section] until the
19-16 form for itemizing [reporting] the services performed is submitted
19-17 to the judge presiding over the proceedings and the judge approves
19-18 the payment. If the judge disapproves the requested amount of
19-19 payment, the judge shall make written findings stating the amount
19-20 of payment that the judge approves and each reason for approving an
19-21 amount different from the requested amount. An attorney whose
19-22 request for payment is disapproved may appeal the disapproval by
19-23 filing a motion with the presiding judge of the administrative
19-24 judicial region. On the filing of a motion, the presiding judge of
19-25 the administrative judicial region shall review the disapproval of
19-26 payment and determine the appropriate amount of payment. In
20-1 reviewing the disapproval, the presiding judge may conduct a
20-2 hearing. Not later than the 45th day after the date an application
20-3 for payment of a fee is submitted under this article, the
20-4 commissioners court shall pay to the appointed counsel the amount
20-5 approved by the presiding judge [and approved by the court and is
20-6 in accordance with the fee schedule for that county].
20-7 (d) A counsel in a noncapital case, other than an attorney
20-8 with a public defender, appointed to represent a defendant under
20-9 this code shall be reimbursed for reasonable expenses, including
20-10 expenses for investigation and for mental health and other experts.
20-11 Expenses incurred with prior court approval shall be reimbursed in
20-12 the same manner provided for capital cases by Articles 26.052(f)
20-13 and (g), and expenses incurred without prior court approval shall
20-14 be reimbursed in the manner provided for capital cases by Article
20-15 26.052(h).
20-16 (e) All payments made under this article shall be paid from
20-17 the general fund of the county in which the prosecution was
20-18 instituted or habeas corpus hearing held and may be included as
20-19 costs of court.
20-20 (f) [(e)] If the court determines that a defendant has
20-21 financial resources that enable him to offset in part or in whole
20-22 the costs of the legal services provided, including any expenses
20-23 and costs, the court shall order the defendant to pay during the
20-24 pendency of the charges or, if convicted, as court costs the amount
20-25 that it finds the defendant is able to pay.
20-26 (g) [(f)] Reimbursement of expenses incurred for purposes of
21-1 investigation or expert testimony may be paid directly to a private
21-2 investigator licensed under Chapter 1702, Occupations Code, [the
21-3 Private Investigators and Private Security Agencies Act (Article
21-4 4413(29bb), Vernon's Texas Civil Statutes)] or to an expert witness
21-5 in the manner designated by appointed counsel and approved by the
21-6 court.
21-7 SECTION 8. Article 26.052, Code of Criminal Procedure, is
21-8 amended by amending Subsections (d) and (e) and adding Subsection
21-9 (m) to read as follows:
21-10 (d)(1) The committee shall adopt standards for the
21-11 qualification of attorneys to be appointed to represent indigent
21-12 defendants in capital cases in which the death penalty is sought
21-13 [for appointment to death penalty cases].
21-14 (2) The standards must require that an attorney
21-15 appointed to a death penalty case:
21-16 (A) be a member of the State Bar of Texas;
21-17 (B) exhibit proficiency and commitment to
21-18 providing quality representation to defendants in death penalty
21-19 cases;
21-20 (C) have at least five years of experience in
21-21 criminal litigation;
21-22 (D) have tried to a verdict as lead defense
21-23 counsel 10 or more felony cases, at least four of which were
21-24 homicide trials and five of which were for offenses punishable as
21-25 second or first degree felonies or capital felonies;
21-26 (E) have trial experience in:
22-1 (i) the use of and challenges to mental
22-2 health or forensic expert witnesses; and
22-3 (ii) investigating and presenting
22-4 mitigating evidence at the penalty phase of a death penalty trial;
22-5 and
22-6 (F) have participated in continuing legal
22-7 education courses or other training relating to criminal defense in
22-8 death penalty cases.
22-9 (3) The committee shall prominently post the standards
22-10 in each district clerk's office in the region with a list of
22-11 attorneys qualified for appointment.
22-12 (4) Not later than the second anniversary of the date
22-13 an attorney is placed on the list of attorneys qualified for
22-14 appointment in death penalty cases, the attorney must present proof
22-15 to the committee that the attorney has successfully completed a
22-16 course or other form of training relating to the defense of death
22-17 penalty cases that is acceptable to the committee. The committee
22-18 shall remove the attorney's name from the list of qualified
22-19 attorneys if the attorney fails to provide the committee with proof
22-20 of completion of the course or other training.
22-21 (e) The presiding judge of the district court in which a
22-22 capital felony case is filed shall appoint two attorneys, at least
22-23 one of whom must be qualified under this chapter, [counsel] to
22-24 represent an indigent defendant as soon as practicable after
22-25 charges are filed, unless the state gives notice in writing that
22-26 the state will not seek the death penalty [if the death penalty is
23-1 sought in the case. The judge shall appoint lead trial counsel
23-2 from the list of attorneys qualified for appointment. The judge
23-3 shall appoint a second counsel to assist in the defense of the
23-4 defendant, unless reasons against the appointment of two counsel
23-5 are stated in the record].
23-6 (m) The local selection committee shall annually review the
23-7 list of attorneys posted under Subsection (d) to ensure that each
23-8 listed attorney satisfies the requirements under this chapter.
23-9 SECTION 9. Subsection (h), Article 102.075, Code of Criminal
23-10 Procedure, is amended to read as follows:
23-11 (h) The comptroller shall deposit money received under this
23-12 article to the credit of the following accounts in the general
23-13 revenue fund according to the specified percentages:
23-14 NAME OF ACCOUNT PERCENTAGE
23-15 abused children's counseling 0.02%
23-16 crime stoppers assistance 0.6%
23-17 breath alcohol testing 1.28%
23-18 Bill Blackwood Law Enforcement
23-19 Management Institute 5.04%
23-20 law enforcement officers standards and education 11.63%
23-21 comprehensive rehabilitation 12.37%
23-22 operator's and chauffeur's license 25.9%
23-23 criminal justice planning 29.18%
23-24 fair defense account 13.98%
23-25 SECTION 10. Chapter 51, Family Code, is amended by adding
23-26 Section 51.101 to read as follows:
24-1 Sec. 51.101. APPOINTMENT OF COUNSEL PLAN. (a) The
24-2 juvenile board of each county shall adopt a plan that:
24-3 (1) specifies the qualifications necessary for an
24-4 attorney to be included on an appointment list from which attorneys
24-5 are appointed to represent children in proceedings under this
24-6 title; and
24-7 (2) establishes procedures for:
24-8 (A) including attorneys on the appointment list
24-9 and removing attorneys from the list; and
24-10 (B) appointing attorneys from the appointment
24-11 list to individual cases.
24-12 (b) A plan adopted under Subsection (a) must:
24-13 (1) to the extent practicable, comply with the
24-14 requirements of Article 26.04, Code of Criminal Procedure, except
24-15 that:
24-16 (A) the income and assets of the child's parent
24-17 or other person responsible for the child's support must be used in
24-18 determining whether the child is indigent; and
24-19 (B) any alternative plan for appointing counsel
24-20 is established by the juvenile board; and
24-21 (2) recognize the differences in qualifications and
24-22 experience necessary for appointments to cases in which:
24-23 (A) the allegation is:
24-24 (i) conduct indicating a need for
24-25 supervision;
24-26 (ii) delinquent conduct, and commitment to
25-1 the Texas Youth Commission is not an authorized disposition; or
25-2 (iii) delinquent conduct, and commitment
25-3 to the Texas Youth Commission without a determinate sentence is an
25-4 authorized disposition;
25-5 (B) determinate sentence proceedings have been
25-6 initiated; or
25-7 (C) proceedings for discretionary transfer to
25-8 criminal court have been initiated.
25-9 SECTION 11. Section 71.001, Government Code, is amended by
25-10 adding Subdivisions (3) through (7) to read as follows:
25-11 (3) "Crime" means:
25-12 (A) a misdemeanor punishable by confinement; or
25-13 (B) a felony.
25-14 (4) "Defendant" means a person accused of a crime or a
25-15 juvenile offense.
25-16 (5) "Indigent defense support services" means criminal
25-17 defense services that:
25-18 (A) are provided by licensed investigators,
25-19 experts, or other similar specialists, including forensic experts
25-20 and mental health experts; and
25-21 (B) are reasonably necessary for appointed
25-22 counsel to provide adequate representation to indigent defendants.
25-23 (6) "Juvenile offense" means conduct committed by a
25-24 person while younger than 17 years of age that constitutes:
25-25 (A) a misdemeanor punishable by confinement; or
25-26 (B) a felony.
26-1 (7) "Public defender" has the meaning assigned by
26-2 Article 26.044(a), Code of Criminal Procedure.
26-3 SECTION 12. Subchapter C, Chapter 71, Government Code, is
26-4 amended by adding Section 71.0351 to read as follows:
26-5 Sec. 71.0351. INDIGENT DEFENSE INFORMATION. (a) Not later
26-6 than January 1 of each year, in each county, a copy of all formal
26-7 and informal rules and forms that describe the procedures used in
26-8 the county to provide indigent defendants with counsel in
26-9 accordance with the Code of Criminal Procedure, including the
26-10 schedule of fees required under Article 26.05 of that code, shall
26-11 be prepared and sent to the Office of Court Administration of the
26-12 Texas Judicial System in the form and manner prescribed by the
26-13 office. Except as provided by Subsection (b), the local
26-14 administrative district judge in each county, or the person
26-15 designated by the judge, shall prepare and send to the office of
26-16 court administration a copy of all rules and forms adopted by the
26-17 judges of the district courts trying felony cases in the county.
26-18 Except as provided by Subsection (b), the local administrative
26-19 statutory county court judge in each county, or the person
26-20 designated by the judge, shall prepare and send to the office of
26-21 court administration a copy of all rules and forms adopted by the
26-22 judges of the county courts and statutory county courts trying
26-23 misdemeanor cases in the county.
26-24 (b) If the judges of two or more levels of courts adopt the
26-25 same formal and informal rules and forms as described by Subsection
26-26 (a), the local administrative judge serving the courts having
27-1 jurisdiction over offenses with the highest classification of
27-2 punishment, or the person designated by the judge, shall prepare
27-3 and send to the Office of Court Administration of the Texas
27-4 Judicial System a copy of the rules and forms.
27-5 (c) In each county, the county auditor, or the person
27-6 designated by the commissioners court if the county does not have a
27-7 county auditor, shall prepare and send to the Office of Court
27-8 Administration of the Texas Judicial System in the form and manner
27-9 prescribed by the office:
27-10 (1) information showing the total amount expended by
27-11 the county to provide indigent defense support services and an
27-12 analysis of the amount expended by the county:
27-13 (A) in each district, county, statutory county,
27-14 and appellate court, if available;
27-15 (B) in cases for which a private attorney is
27-16 appointed for an indigent defendant;
27-17 (C) in cases for which a public defender is
27-18 appointed for an indigent defendant;
27-19 (D) in cases for which counsel is appointed for
27-20 an indigent juvenile under Section 51.10(f), Family Code; and
27-21 (E) for investigation expenses, expert witness
27-22 expenses, or other litigation expenses; and
27-23 (2) the following information with respect to legal
27-24 services provided in the county to indigent defendants during each
27-25 fiscal year:
27-26 (A) the name of the attorney appointed to
28-1 represent the defendant;
28-2 (B) the amount of time spent on the case by the
28-3 attorney appointed to represent the defendant, regardless of
28-4 whether the time was spent in or out of court; and
28-5 (C) the amounts requested and paid in attorney's
28-6 fees and litigation costs, including investigation and expert
28-7 witness costs.
28-8 (d) The information required under Subsection (c) may be
28-9 provided on a monthly, quarterly, or annual basis and shall also
28-10 include for each analysis under that subsection the number of cases
28-11 for which the amount was expended, if available.
28-12 (e) The crime records service of the Department of Public
28-13 Safety shall prepare and send to the Office of Court Administration
28-14 of the Texas Judicial System in the form and manner prescribed by
28-15 the office the following information with respect to legal services
28-16 provided in each county to indigent defendants during each fiscal
28-17 year:
28-18 (1) the court designation;
28-19 (2) the incident number on the incident fingerprint
28-20 card;
28-21 (3) the date of birth, race, and sex of the defendant,
28-22 if available;
28-23 (4) the dates of arrest, appearance before a
28-24 magistrate, and appointment of counsel; and
28-25 (5) disposition of the case.
28-26 (f) As a duty of office, each district and county clerk
29-1 shall cooperate with the county auditor or the person designated by
29-2 the commissioners court and the commissioners court in retrieving
29-3 information required to be sent to the Office of Court
29-4 Administration of the Texas Judicial System under Subsection (c).
29-5 (g) On receipt of information required under this section,
29-6 the Office of Court Administration of the Texas Judicial System
29-7 shall forward the information to the Task Force on Indigent
29-8 Defense.
29-9 SECTION 13. Chapter 71, Government Code, is amended by
29-10 adding Subchapter D to read as follows:
29-11 SUBCHAPTER D. TASK FORCE ON INDIGENT DEFENSE
29-12 Sec. 71.051. ESTABLISHMENT OF TASK FORCE; COMPOSITION. The
29-13 Task Force on Indigent Defense is established as a standing
29-14 committee of the council and is composed of eight ex officio
29-15 members and four appointive members.
29-16 Sec. 71.052. EX OFFICIO MEMBERS. The ex officio members
29-17 are:
29-18 (1) the following six members of the council:
29-19 (A) the chief justice of the supreme court;
29-20 (B) the presiding judge of the court of criminal
29-21 appeals;
29-22 (C) the member of the senate appointed by the
29-23 lieutenant governor;
29-24 (D) the member of the house of representatives
29-25 appointed by the speaker of the house;
29-26 (E) one of the district court judges serving on
30-1 the council who is designated by the chief justice of the supreme
30-2 court to serve on the Task Force on Indigent Defense; and
30-3 (F) one of the county court, statutory county
30-4 court, or statutory probate court judges serving on the council who
30-5 is designated by the chief justice of the supreme court to serve on
30-6 the Task Force on Indigent Defense;
30-7 (2) the chair of the Senate Criminal Justice
30-8 Committee; and
30-9 (3) the chair of the House Criminal Jurisprudence
30-10 Committee.
30-11 Sec. 71.053. APPOINTMENTS. (a) The governor shall appoint
30-12 with the advice and consent of the senate four members of the Task
30-13 Force on Indigent Defense as follows:
30-14 (1) one member who is a presiding judge of an
30-15 administrative judicial region;
30-16 (2) one member who is a judge of a constitutional
30-17 county court or who is a county commissioner;
30-18 (3) one member who is a practicing criminal defense
30-19 attorney; and
30-20 (4) one member who is a public defender or who is
30-21 employed by a public defender.
30-22 (b) The members serve staggered terms of two years, with two
30-23 members' terms expiring February 1 of each odd-numbered year and
30-24 two members' terms expiring February 1 of each even-numbered year.
30-25 (c) In making appointments to the Task Force on Indigent
30-26 Defense, the governor shall attempt to reflect the geographic and
31-1 demographic diversity of the state.
31-2 (d) A person may not be appointed to the Task Force on
31-3 Indigent Defense if the person is required to register as a
31-4 lobbyist under Chapter 305 because of the person's activities for
31-5 compensation on behalf of a profession related to the operation of
31-6 the task force or the council.
31-7 Sec. 71.054. VACANCIES. A vacancy on the Task Force on
31-8 Indigent Defense must be filled for the unexpired term in the same
31-9 manner as the original appointment. An appointment to fill a
31-10 vacancy shall be made not later than the 90th day after the date
31-11 the vacancy occurs.
31-12 Sec. 71.055. MEETINGS; QUORUM; VOTING. (a) The Task Force
31-13 on Indigent Defense shall meet at least quarterly and at such other
31-14 times as it deems necessary or convenient to perform its duties.
31-15 (b) Six members of the Task Force on Indigent Defense
31-16 constitute a quorum for purposes of transacting task force
31-17 business. The task force may act only on the concurrence of five
31-18 task force members or a majority of the task force members present,
31-19 whichever number is greater. The task force may develop policies
31-20 and standards under Section 71.060 only on the concurrence of seven
31-21 task force members.
31-22 (c) A Task Force on Indigent Defense member is entitled to
31-23 vote on any matter before the task force, except as otherwise
31-24 provided by rules adopted by the task force and ratified by the
31-25 council.
31-26 Sec. 71.056. COMPENSATION. A Task Force on Indigent Defense
32-1 member may not receive compensation for services on the task force
32-2 but is entitled to be reimbursed for actual and necessary expenses
32-3 incurred in discharging the member's duties as a task force member.
32-4 The expenses are paid from funds appropriated to the task force.
32-5 Sec. 71.057. BUDGET. (a) The Task Force on Indigent
32-6 Defense budget shall be a part of the budget for the council. In
32-7 preparing a budget and presenting the budget to the legislature,
32-8 the task force shall consult with the executive director of the
32-9 Office of Court Administration of the Texas Judicial System.
32-10 (b) The Task Force on Indigent Defense budget may include
32-11 money for personnel who are employees of the council but who are
32-12 assigned to assist the task force in performing its duties.
32-13 (c) The executive director of the Office of Court
32-14 Administration of the Texas Judicial System may not reduce or
32-15 modify the Task Force on Indigent Defense budget or use funds
32-16 appropriated to the task force without the approval of the task
32-17 force.
32-18 Sec. 71.058. FAIR DEFENSE ACCOUNT. The fair defense account
32-19 is an account in the general revenue fund that may be appropriated
32-20 only for the purpose of implementing this subchapter.
32-21 Sec. 71.059. ACCEPTANCE OF GIFTS, GRANTS, AND OTHER FUNDS.
32-22 The Task Force on Indigent Defense may accept gifts, grants, and
32-23 other funds from any public or private source to pay expenses
32-24 incurred in performing its duties under this subchapter.
32-25 Sec. 71.060. POLICIES AND STANDARDS. (a) The Task Force on
32-26 Indigent Defense shall develop policies and standards for providing
33-1 legal representation and other defense services to indigent
33-2 defendants at trial, on appeal, and in postconviction proceedings.
33-3 The policies and standards may include:
33-4 (1) performance standards for counsel appointed to
33-5 represent indigent defendants;
33-6 (2) qualification standards under which attorneys may
33-7 qualify for appointment to represent indigent defendants,
33-8 including:
33-9 (A) qualifications commensurate with the
33-10 seriousness of the nature of the proceeding;
33-11 (B) qualifications appropriate for
33-12 representation of mentally ill defendants and noncitizen
33-13 defendants;
33-14 (C) successful completion of relevant continuing
33-15 legal education programs approved by the council; and
33-16 (D) testing and certification standards;
33-17 (3) standards for ensuring appropriate appointed
33-18 caseloads for counsel appointed to represent indigent defendants;
33-19 (4) standards for determining whether a person accused
33-20 of a crime or juvenile offense is indigent;
33-21 (5) standards governing the reasonable compensation of
33-22 counsel appointed to represent indigent defendants;
33-23 (6) standards governing the availability and
33-24 reasonable compensation of providers of indigent defense support
33-25 services for counsel appointed to represent indigent defendants;
33-26 and
34-1 (7) other policies and standards for providing
34-2 indigent defense support services as determined by the task force
34-3 to be appropriate.
34-4 (b) The Task Force on Indigent Defense shall submit policies
34-5 and standards developed under Subsection (a) to the council for
34-6 ratification.
34-7 (c) Any qualification standards adopted by the Task Force on
34-8 Indigent Defense under Subsection (a) that relate to the
34-9 appointment of counsel in a death penalty case must be consistent
34-10 with the standards specified under Article 26.052(d), Code of
34-11 Criminal Procedure. An attorney who is identified by the task
34-12 force as not satisfying performance or qualification standards
34-13 adopted by the task force under Subsection (a) may not accept an
34-14 appointment in a capital case.
34-15 Sec. 71.061. REPORTS. (a) The Task Force on Indigent
34-16 Defense shall annually submit to the governor, lieutenant governor,
34-17 speaker of the house of representatives, and council and shall
34-18 publish in written and electronic form a report:
34-19 (1) containing the information forwarded to the task
34-20 force from the Office of Court Administration of the Texas Judicial
34-21 System under Section 71.0351(g); and
34-22 (2) regarding:
34-23 (A) the quality of legal representation provided
34-24 by counsel appointed to represent indigent defendants;
34-25 (B) current indigent defense practices in the
34-26 state as compared to state and national standards; and
35-1 (C) efforts made by the task force to improve
35-2 indigent defense practices in the state.
35-3 (b) The Task Force on Indigent Defense shall annually submit
35-4 to the Legislative Budget Board and council and shall publish in
35-5 written and electronic form a detailed report of all expenditures
35-6 made under this subchapter, including distributions under Section
35-7 71.062.
35-8 (c) The Task Force on Indigent Defense may issue other
35-9 reports relating to indigent defense as determined to be
35-10 appropriate by the task force.
35-11 Sec. 71.062. TECHNICAL SUPPORT; DISTRIBUTION OF FUNDS.
35-12 (a) The Task Force on Indigent Defense shall:
35-13 (1) provide technical support to assist counties in
35-14 improving their indigent defense systems;
35-15 (2) establish a method for fairly allocating funds to
35-16 counties that appropriately weighs factors, including:
35-17 (A) county population;
35-18 (B) current spending in the county and the
35-19 amount of spending increase for indigent defense services; and
35-20 (C) the county's tax base; and
35-21 (3) review each county's indigent defense system and
35-22 determine whether the county is eligible for a distribution of
35-23 funds under Subsection (c).
35-24 (b) A county is eligible for a distribution of funds under
35-25 Subsection (c) only if:
35-26 (1) the county is in compliance with the requirements
36-1 of Articles 1.051, 14.06, and 15.17, Code of Criminal Procedure,
36-2 relating to prompt appointment of counsel and appearance before a
36-3 magistrate;
36-4 (2) the county is in compliance with the requirements
36-5 of Article 26.04, Code of Criminal Procedure, relating to
36-6 procedures for appointing counsel; and
36-7 (3) the county is in compliance with standards
36-8 established by the Task Force on Indigent Defense under this
36-9 subchapter.
36-10 (c) The comptroller shall distribute funds to counties that
36-11 are eligible for a distribution of funds as determined by the Task
36-12 Force on Indigent Defense under Subsection (a)(3). The funds shall
36-13 be distributed in accordance with the methodology established by
36-14 the task force under Subsection (a)(2).
36-15 (d) The comptroller shall monitor each county that receives
36-16 a distribution of funds under Subsection (c) to ensure compliance
36-17 by the county with the conditions of the distribution. In ensuring
36-18 compliance by a county, the comptroller may:
36-19 (1) withdraw funds; or
36-20 (2) require reimbursement of funds by the county.
36-21 (e) A county may not reduce the amount of funds provided for
36-22 indigent defense services in the county because of funds provided
36-23 by the Task Force on Indigent Defense under this section.
36-24 SECTION 14. Sections 26.041, 26.042, 26.043, 26.045, 26.046,
36-25 26.047, 26.048, 26.049, 26.050, and 26.058, Code of Criminal
36-26 Procedure, are repealed.
37-1 SECTION 15. The change in law made by this Act applies only
37-2 to a person arrested for or charged with an offense committed or,
37-3 for purposes of Title 3, Family Code, a child taken into custody
37-4 for conduct or alleged to have engaged in conduct that occurs on or
37-5 after the effective date of this Act and to the appointment of
37-6 counsel for that person or child. A person arrested for or charged
37-7 with an offense committed or a child taken into custody for conduct
37-8 or alleged to have engaged in conduct that occurs before the
37-9 effective date of this Act is covered by the law in effect when the
37-10 offense was committed or the conduct occurred, and the former law
37-11 is continued in effect for that purpose.
37-12 SECTION 16. A county having established a public defender
37-13 under a statute repealed or amended by this Act may continue the
37-14 existence and operation of the public defender under the terms of
37-15 the repealed or amended statute as that statute existed immediately
37-16 before the effective date of this Act if the public defender is a
37-17 governmental entity or nonprofit corporation described by
37-18 Subsection (a), Article 26.044, Code of Criminal Procedure, as
37-19 amended by this Act. The change in law made by this Act to Article
37-20 26.044, Code of Criminal Procedure, applies only to a public
37-21 defender appointed on or after the effective date of this Act.
37-22 SECTION 17. A local administrative judge or other person
37-23 designated under Subsection (a) or (b), Section 71.0351, Government
37-24 Code, as added by this Act, shall begin sending to the Office of
37-25 Court Administration of the Texas Judicial System the information
37-26 required to be sent by that section on or before January 1, 2002.
38-1 A county auditor or other person designated under Subsection (c),
38-2 Section 71.0351, Government Code, as added by this Act, shall begin
38-3 sending to the Office of Court Administration of the Texas Judicial
38-4 System the information required by that section on or before July
38-5 1, 2002. The crime records service of the Department of Public
38-6 Safety shall begin sending to the Office of Court Administration of
38-7 the Texas Judicial System the information required by Subsection
38-8 (e), Section 71.0351, Government Code, as added by this Act, on or
38-9 before September 1, 2003.
38-10 SECTION 18. The governor shall make appointments to the Task
38-11 Force on Indigent Defense as soon as practicable after the
38-12 effective date of this Act. In appointing the initial members of
38-13 the task force, the governor shall appoint the member who is a
38-14 presiding judge of an administrative judicial region and the member
38-15 who is a practicing criminal defense attorney for terms expiring
38-16 February 1, 2003, and the member who is a judge of a constitutional
38-17 county court or who is a county commissioner and the member who is
38-18 a public defender or who is employed by a public defender for terms
38-19 expiring February 1, 2004.
38-20 SECTION 19. A local selection committee shall amend
38-21 standards previously adopted by the committee to conform with the
38-22 requirements of Subsection (d), Article 26.052, Code of Criminal
38-23 Procedure, as amended by this Act, not later than April 1, 2002.
38-24 An attorney appointed to a death penalty case that begins on or
38-25 after April 1, 2002, must meet the standards adopted in conformity
38-26 with the amended Subsection (d), Article 26.052, Code of Criminal
39-1 Procedure. An attorney appointed to a death penalty case that
39-2 begins before April 1, 2002, is covered by the law in effect when
39-3 the case began, and the former law is continued in effect for that
39-4 purpose.
39-5 SECTION 20. Subsection (h), Article 102.075, Code of
39-6 Criminal Procedure, as amended by this Act, applies only to a court
39-7 cost collected under that article on or after the effective date of
39-8 this Act. A court cost collected under Article 102.075, Code of
39-9 Criminal Procedure, before the effective date of this Act is
39-10 governed by the law in effect when the court cost was collected,
39-11 and the former law is continued in effect for that purpose.
39-12 SECTION 21. Not later than September 1, 2002, the Task Force
39-13 on Indigent Defense shall submit to the Legislative Budget Board a
39-14 report on the distribution of funds under Section 71.062,
39-15 Government Code, as added by this Act, and shall submit to the
39-16 legislature a report containing recommendations related to the
39-17 establishment of a regular program for distributing funds,
39-18 including grants, to counties based on a county's compliance with
39-19 indigent defense standards adopted by the legislature and the Task
39-20 Force on Indigent Defense.
39-21 SECTION 22. This Act takes effect January 1, 2002.